On 23
September, the Canadian
authorities intend to deport US
serviceman Jeremy Hinzman, his
wife, son and one-month-old
daughter. Jeremy Hinzman fled to
Canada to avoid being sent to
Iraq because of his
conscientious objection to the
war there. If they deport him,
he risks being court-martialled
and jailed for between one and
five years. If convicted,
Amnesty International would
consider him a prisoner of
conscience.

Jeremy
Hinzman joined the United States
military in November 2000.
During the course of his
training and service he
gradually came to the conclusion
that he could not participate in
offensive military operations as
it would be contrary to his
beliefs. He applied to the army
for non-combatant status as a
conscientious objector in August
2002. In November 2002, he
submitted a second application
when he found out the first had
been lost and was then deployed
to Afghanistan. In April 2003,
he attended a hearing on his
application for non-combative
status. His application was
refused on the basis that when
questioned he stated, while not
willing to conduct offensive
operations, he was prepared to
undertake defensive operations
in certain circumstances. US law
recognizes the right to
conscientious objection only on
grounds of opposition to
participating in all war.

When
Jeremy Hinzman returned to the
US in December 2003 his unit
received orders to deploy to
Iraq. As he felt that his
participation in the war in Iraq
would be a violation of his
conscience, religious
principles, and international
law he decided to go absent
without leave. In January 2004,
he traveled with his family to
Canada where he submitted an
asylum claim, in order to obtain
refugee status.

His claim
for protection as a refugee was
rejected in March 2005. On 13
August 2008, he was ordered to
leave Canada as he had exhausted
the processes available in
Canada by which to claim refugee
status.

Jeremy
Hinzman has spoken out publicly
about his objection to the Iraq
war, and has become a member of
a Canadian organization, the War
Resisters Support Campaign,
which works to persuade the
Canadian government to offer
sanctuary to US military
personnel who want to come to
Canada because of their
opposition to the invasion of
Iraq.

BACKGROUND INFORMATION

Amnesty
International has recognized as
prisoners of conscience a number
of US soldiers refusing to
deploy to Iraq because of their
conscientious objection to the
war. They include Camilo Mejía,
who was sentenced to one year's
imprisonment and Kevin Benderman,
who was sentenced to 15 months'
imprisonment.

Amnesty
International believes the right
to refuse to perform military
service for reasons of
conscience is part of freedom of
thought, conscience and
religion, as recognized in
Article 18 of the Universal
Declaration of Human Rights and
Article 18 of the International
Covenant on Civil and Political
Rights, to which Canada is a
state party.

Amnesty
International considers a
conscientious objector to be any
person who, for reasons of
conscience or profound
conviction, either refuses to
perform any form of service in
the armed forces or applies for
non-combatant status. This can
include refusal to participate
in a war because one disagrees
with its aims or the manner in
which it was being waged, even
if one does not oppose taking
part in all wars.

Wherever
such a person is detained or
imprisoned solely for these
beliefs, Amnesty International
considers that person to be a
prisoner of conscience. Amnesty
International also considers
conscientious objectors to be
prisoners of conscience if they
are imprisoned for leaving the
armed forces without
authorization for reasons of
conscience, if they have first
taken reasonable steps to secure
release from military
obligations.

Amnesty
International opposes the
forcible return of any person to
any country where he or she
would face a substantial risk of
becoming a prisoner of
conscience. Furthermore,
conscientious objection is a
valid ground for recognition as
a refugee under the 1951
Convention relating to the
Status of Refugees to which
Canada is a state party.

RECOMMENDED ACTION: Please
send appeals to arrive as
quickly as possible, in English
or your own language:
- urging the authorities not to
deport Jeremy Hinzman and his
family to the USA, as it would
put him at risk of being
court-martialled and jailed;
- explaining that, although he
went absent without leave,
Jeremy Hinzman took reasonable
steps to secure his release from
military obligations through
legal means, including applying
for conscientious objector
status, so Amnesty International
would consider him a prisoner of
conscience if he were jailed on
his return to the USA.

"I am
writing from the United States
to ask you to make a provision
for sanctuary for the scores of
U.S. military servicemembers
currently in Canada, most of
whom have traveled to your
country in order to resist
fighting in the Iraq War. Please
let them stay in Canada..."